INSTITUTIONAL INSTITUTIONAL DEVELOPMENTS OF EU DEVELOPMENTS OF EU

ENVIRONMENTAL ENVIRONMENTAL POLICYPOLICY

EU ENVIRONMENTAL POLICYEU ENVIRONMENTAL POLICY► No explicit Treaty provision for any No explicit Treaty provision for any

environmental policy environmental policy

► Nowadays: 350 pieces of legislation covering Nowadays: 350 pieces of legislation covering almost all policy areas (air, water, soil, noise, almost all policy areas (air, water, soil, noise, birds, habitats, biodiversity, urban and birds, habitats, biodiversity, urban and hazardous waste, chemicals, hazardous waste, chemicals, biotechnologies, genetically modified biotechnologies, genetically modified organisms, climate change, impact and risk organisms, climate change, impact and risk assessment, civil protection, etc.)assessment, civil protection, etc.)

►Alternative forms of regulation: Alternative forms of regulation: market, self-regulation, eco-audit, market, self-regulation, eco-audit, eco-labelling, public information, etc.eco-labelling, public information, etc.

►A shared (single) policy with the A shared (single) policy with the member states (Europeanization)member states (Europeanization)

►6 Environmental Action Programmes 6 Environmental Action Programmes (1973-2010)(1973-2010)

5 established Principles5 established Principles

Precaution (assess, appraise and Precaution (assess, appraise and communicate risks that science is not yet communicate risks that science is not yet able to evaluate fully)able to evaluate fully)

Prevention (instead of reaction)Prevention (instead of reaction) Rectifying pollution at sourceRectifying pollution at source ““Polluter pays” Polluter pays” Subsidiarity (EU action only when it can Subsidiarity (EU action only when it can

deal with problems more effectively than deal with problems more effectively than national or regional governments).national or regional governments).

Global DimensionGlobal Dimension►A common Strategy for Sustainable A common Strategy for Sustainable

DevelopmentDevelopment

►The most progressive environmental policy The most progressive environmental policy in the world in the world

►Environmental considerations into other EU Environmental considerations into other EU external policies (trade, cooperation, etc.)external policies (trade, cooperation, etc.)

►A proactive international player (i.e. Kyoto)A proactive international player (i.e. Kyoto)

Why a European policy?Why a European policy?

►Transborder pollution (subsidiarity)Transborder pollution (subsidiarity)►Harmonization of environmental Harmonization of environmental

standards (internal market)standards (internal market)►European Commission and EP European Commission and EP

increasing activism increasing activism ►Member states pushers Member states pushers ►Growing public opinion awareness Growing public opinion awareness

(Green groups and parties)(Green groups and parties)

However…However…

The state of the European environment The state of the European environment still is a source of growing concern:still is a source of growing concern:

► Implementation (normative) gap Implementation (normative) gap ► Integration gap (EPI), Integration gap (EPI), ►New Challenges (enlargement, Kyoto)New Challenges (enlargement, Kyoto)

An Incremental ProcessAn Incremental Process► The original sources of EU regulation: The original sources of EU regulation:

art. 100 (harmonization) and 308 ECT art. 100 (harmonization) and 308 ECT (implicit powers) (implicit powers)

► Decision-making: CM by unanimity, with EP Decision-making: CM by unanimity, with EP and groups playing a minor roleand groups playing a minor role

► 1967: First directive on “classification, 1967: First directive on “classification, labelling and packaging of dangerous labelling and packaging of dangerous substances” substances”

► 1972: First directive on “car emission 1972: First directive on “car emission standards caused by diesel engines”standards caused by diesel engines”

Environmental Action PlansEnvironmental Action Plans

► 1973-76: polluter pays1973-76: polluter pays Reduce and prevent pollutionReduce and prevent pollution Protect the environment and improve quality of lifeProtect the environment and improve quality of life Support for international initiativesSupport for international initiatives

► 1977-81: strengthening control on implementation1977-81: strengthening control on implementation► 1982-86: shift from control to prevention; impact 1982-86: shift from control to prevention; impact

assessment, integration of environmental policy assessment, integration of environmental policy considerations in other fields considerations in other fields

► 1987-92: from regulation to economic instruments 1987-92: from regulation to economic instruments (taxes, incentives)(taxes, incentives)

► 1993-2000: Towards sustainable development1993-2000: Towards sustainable development► 2000-2010: The Future is in our Hands…(really?)2000-2010: The Future is in our Hands…(really?)

External pressuresExternal pressures ► 1970 – US Environmental Agency 1970 – US Environmental Agency ► 1972 - UN Conference on the Human Environment 1972 - UN Conference on the Human Environment

(Stockholm)(Stockholm)► 1973 - 1st EAP (Principle “Polluter Pays”)1973 - 1st EAP (Principle “Polluter Pays”)► 1984 - Txernobil nuclear accident 1984 - Txernobil nuclear accident ► 1987 - UN Brundtland Report1987 - UN Brundtland Report► 1992 – Rio Summit1992 – Rio Summit► 1992 – Vth Environment Action Programme 1992-1992 – Vth Environment Action Programme 1992-

2000 (“Towards Sustainability”)2000 (“Towards Sustainability”)► 2002 - Johannesburg Summit2002 - Johannesburg Summit► 2001 – EU SD Strategy2001 – EU SD Strategy

Internal pressuresInternal pressures1.1. Environmental disastersEnvironmental disasters► Seveso dioxins (1976)-“Seveso Seveso dioxins (1976)-“Seveso

directive” directive” on the major-accident hazards on the major-accident hazards of certain industrial activities (1982) of certain industrial activities (1982)

► Accidental or deliberate Marine Accidental or deliberate Marine Pollution directive Pollution directive

► Rivers degradationRivers degradation: Rhine pollution : Rhine pollution Convention (2000)Convention (2000)

► Public opinion awareness: Green Public opinion awareness: Green movement and partiesmovement and parties

Internal Market PressuresInternal Market Pressures►The Environment as an economic The Environment as an economic

imperative (Free Market imperative (Free Market competition)competition)

►Concern of environmental protection Concern of environmental protection as a potential threat for market as a potential threat for market distortions distortions

►Competitive disadvantage as a result Competitive disadvantage as a result of “environmental dumping”of “environmental dumping”

►New decision making rules (SEA)New decision making rules (SEA)

Transboundary pollutionTransboundary pollution►Air (acid rain)Air (acid rain)►Rivers (Rhin)Rivers (Rhin)►SeasSeas►BirdsBirds►Hazardous Waste moving across Hazardous Waste moving across

bordersborders

THE CONSTITUTIONALIZATION THE CONSTITUTIONALIZATION OF ENVIRONMENTAL POLICYOF ENVIRONMENTAL POLICY

►The Single European Act (1986)The Single European Act (1986)

►Maastricht (1992)Maastricht (1992)

►Amsterdam (1997)Amsterdam (1997)

SINGLE EUROPEAN ACT SINGLE EUROPEAN ACT (1986)(1986)

► EP becomes a Common policyEP becomes a Common policy► Integration of environmental considerations Integration of environmental considerations

in the other EC policiesin the other EC policies► Improving environmental quality as a Improving environmental quality as a

legitimate Comunity objectivelegitimate Comunity objective Preserve, protect and improve the quality of the Preserve, protect and improve the quality of the

environmentenvironment Protecting human healthProtecting human health Ensure a prudent and rational use of nat. Ensure a prudent and rational use of nat.

ResourcesResources

SEASEA►QM voting for environmental decisions QM voting for environmental decisions

necessary for the completion of the necessary for the completion of the Internal Market (art.100)Internal Market (art.100)

►After a Community harmonisation After a Community harmonisation measure has been adopted, Member measure has been adopted, Member States may:States may: Maintain existing national provisions to Maintain existing national provisions to

protect the environmentprotect the environment Introduce new national provisions to protect itIntroduce new national provisions to protect it

THE TREATY OF MAATRICHT THE TREATY OF MAATRICHT (1992)(1992)

► The Rio SummitThe Rio Summit► ““Sustainable growth” as one main objective of Sustainable growth” as one main objective of

the EU (art. 2)the EU (art. 2)► The Environment is a full common policy The Environment is a full common policy ► Includes the precautionary principle (art. 130)Includes the precautionary principle (art. 130)► Penalty payment for non-compliance (171)Penalty payment for non-compliance (171)►QM voting and co-decision procedure with QM voting and co-decision procedure with

exceptions (tax policy, territoirial setting, energy)exceptions (tax policy, territoirial setting, energy)► Cohesion Fund for Env. infrastructuresCohesion Fund for Env. infrastructures

THE TREATY OF AMSTERDAM THE TREATY OF AMSTERDAM (1997)(1997)

Enhances:Enhances:

►The importance of SD and The importance of SD and environmental protectionenvironmental protection

►Subsidiarity (decisions at the lowest Subsidiarity (decisions at the lowest level)level)

►The international role of the EUThe international role of the EU

SD and AmsterdamSD and Amsterdam► SD becomes one of the main objectives of the SD becomes one of the main objectives of the

EU as important as eco and social progress EU as important as eco and social progress (art. 2)(art. 2)

► It is one of the Union’s main tasksIt is one of the Union’s main tasks► ““Environmental protection requirements must Environmental protection requirements must

be integrated into the definition and be integrated into the definition and implementation of Community policies and implementation of Community policies and activities into the other policies” (art. 6)activities into the other policies” (art. 6)

► Integration is one one the means of Integration is one one the means of promoting SDpromoting SD

5th Environment Action Program 5th Environment Action Program (1992-2000)-Towards (1992-2000)-Towards

SustainabilitySustainability►The features of sustainabilityThe features of sustainability

to maintain the overall quality of lifeto maintain the overall quality of life to maintain continuing access to natural to maintain continuing access to natural

resourcesresources to avoid lasting environmental damageto avoid lasting environmental damage SD meets the needs of the present SD meets the needs of the present

without compromising the ability of future without compromising the ability of future generations to meet their own needsgenerations to meet their own needs

5th EAP – 2 major principles5th EAP – 2 major principles1.1. The The integration integration of the environmental of the environmental

dimension in all major policy areas as a key dimension in all major policy areas as a key factor: environmental protection targets can factor: environmental protection targets can only be achieved by involving those policy only be achieved by involving those policy areas causing env deteriorationareas causing env deterioration

2.2. Only by replacing the command-and-control Only by replacing the command-and-control approach with approach with shared responsibility shared responsibility between the various actors (governments, between the various actors (governments, industry and the public) can commitment to industry and the public) can commitment to agreed measures be achieved agreed measures be achieved

Mid-term assessment (1996)Mid-term assessment (1996)►5 priority areas5 priority areas

1) improving integration of the envir into other 1) improving integration of the envir into other policies (CAP, transport, energy, industry and policies (CAP, transport, energy, industry and tourismtourism

2) Use of a wider range of instruments (see next)2) Use of a wider range of instruments (see next)3) Increased implementation and enforcement 3) Increased implementation and enforcement

measures by improved and simplified measures by improved and simplified legislationlegislation

4) Additional action in the field of communication 4) Additional action in the field of communication and informationand information

5) Reinforcing the global Union’s role 5) Reinforcing the global Union’s role

A wider range of policy A wider range of policy instrumentsinstruments

Legislation to set env standardsLegislation to set env standards Market-based instruments (taxes, incentives, Market-based instruments (taxes, incentives,

voluntary agreements and instruments, etc.) to voluntary agreements and instruments, etc.) to encourage the production and use of encourage the production and use of environmentally friendly products and processesenvironmentally friendly products and processes

Horizontal support measures (EEA, R+D Horizontal support measures (EEA, R+D Programs, public information, education, trainingPrograms, public information, education, training

Sectoral and spatial planning Sectoral and spatial planning Environmental Impact Evaluation Environmental Impact Evaluation Financial support (CAP, SF, Cohesion, LIFE, Financial support (CAP, SF, Cohesion, LIFE,

URBAN, etc)URBAN, etc)

The preparation of the VIth The preparation of the VIth EAPEAP

► In July 1998 (30 months after the In July 1998 (30 months after the proposal was presented by the COM!!) proposal was presented by the COM!!) the EP and the CM agreed in the EP and the CM agreed in concialition a text on the Review of the concialition a text on the Review of the Vth EAPVth EAP

►The Helsinki European Council (Dec. The Helsinki European Council (Dec. 1999) invited the COM to “prepare a 1999) invited the COM to “prepare a long-term strategy on economic, social long-term strategy on economic, social and ecological SD” to be submitted to and ecological SD” to be submitted to the Gothemburg Council (June 2001)the Gothemburg Council (June 2001)

Göthembourg Summit (June Göthembourg Summit (June 2001)2001)

COM method: consultation paper to COM method: consultation paper to generate discussion and inputs from generate discussion and inputs from other EU institutions and civil societyother EU institutions and civil society

Compehensive strategies of 9 Councils: Compehensive strategies of 9 Councils: Environment, Transport, Energy, Environment, Transport, Energy, Agriculture, Industry, Internal Market, Agriculture, Industry, Internal Market, Development, ECOFIN, General AffairsDevelopment, ECOFIN, General Affairs

5 Key approaches to5 Key approaches to1)1) Ensure the implementation of existing Ensure the implementation of existing

legislationlegislation2)2) Integrate env concerns into all relevant policy Integrate env concerns into all relevant policy

areasareas3)3) Work closely with business and consumers to Work closely with business and consumers to

identify solutionsidentify solutions4)4) Ensure better and more accessible Ensure better and more accessible

information for citizensinformation for citizens5)5) Develop a more env conscious attitude Develop a more env conscious attitude

towards land usetowards land use

Environment 2010: Our Future, Our Environment 2010: Our Future, Our ChoiceChoice

The 6th EAP 2001-2010The 6th EAP 2001-2010►4 priority areas4 priority areas

Climate changeClimate change Nature and biodiversityNature and biodiversity Environment and healthEnvironment and health Natural resources and wasteNatural resources and waste

►Approaches emphazise the need for more Approaches emphazise the need for more effective implementation and more effective implementation and more innovative solutionsinnovative solutions

►A wider constituency must be addressed, A wider constituency must be addressed, including business who can gain form EPincluding business who can gain form EP

►The Program seeks new and innovative The Program seeks new and innovative instruments for meeting complex instruments for meeting complex challengeschallenges

► Action must be taken by all at all levels: Action must be taken by all at all levels: public authorities, citizens and businesspublic authorities, citizens and business

► Changes in consumption and investment Changes in consumption and investment patterns are neededpatterns are needed

► Political leadership is essential (narrow Political leadership is essential (narrow sectoral interests must not prevail)sectoral interests must not prevail)

► A new integrative approach to policy-makingA new integrative approach to policy-making► A responsible partner in a globalized world: A responsible partner in a globalized world:

“leadership through example”“leadership through example”

Challenges and implications of Challenges and implications of SD for public institutions and SD for public institutions and

citizenscitizens

““Without increasing environmental Without increasing environmental concerns in the economic sectors and concerns in the economic sectors and without a stronger participation and without a stronger participation and commitment of citizens and commitment of citizens and stakeholders, our development will stakeholders, our development will remain unsustainable” (VI EAP)remain unsustainable” (VI EAP)

A number of implicationsA number of implications1)1) Changes in behaviourChanges in behaviour2)2) Increasing capabilitiesIncreasing capabilities3)3) Information and communicationInformation and communication4)4) Social participationSocial participation5)5) Conflict managementConflict management6)6) Integration of policiesIntegration of policies7)7) Vertical-horizontal coordinationVertical-horizontal coordination8)8) InstrumentsInstruments9)9) CooperationCooperation

EU Environmental Policy EU Environmental Policy ActorsActors

►CMCM►COMCOM►EPEP►ECJECJ

The Council of Ministers The Council of Ministers

► competitive dynamic: negotiation “pushers-laggards”competitive dynamic: negotiation “pushers-laggards”► isolation of environmental ministers from domestic isolation of environmental ministers from domestic

pressures,pressures,► policy-transfer (ideas, practices),policy-transfer (ideas, practices),► package dealing (compromises, i.e. Cohesion Fund)package dealing (compromises, i.e. Cohesion Fund)► awareness about financial-administrative costs (long awareness about financial-administrative costs (long

deadlines for implementation)deadlines for implementation)► unawareness (internal pressures, implementation unawareness (internal pressures, implementation

gap)gap)► short terminisn (governments) vs. strategic non short terminisn (governments) vs. strategic non

elected thinkers (Commission)elected thinkers (Commission)► expectations of poor compliance (member states expectations of poor compliance (member states

responsible for enforcement)responsible for enforcement)

The CommissionThe Commission► A creative policy-entrepreneur (only 500 A creative policy-entrepreneur (only 500

officials)officials)► Key player at the stage of agenda setting and Key player at the stage of agenda setting and

policy formulation (expertise and consultation policy formulation (expertise and consultation networks)networks)

► A segmented player: DG environment, less A segmented player: DG environment, less powerful than Industry or Agriculture. Need powerful than Industry or Agriculture. Need for coordination with other DGs concerned. for coordination with other DGs concerned. Coordination with EP committees (Budget, Coordination with EP committees (Budget, Regional policy) Regional policy)

► Implementation control deficitImplementation control deficit